Routine body searches of inmates were in violation of the European Convention on Human Rights and the Constitution

Three inmates serving long prison sentences in Bergen prison had been subjected to a large number of body searches between 2018 and 2020, where they had to undress and perform deep knee-bends. The searches were routinely conducted before and after stays in the visitation area and before and after departures from the prison, even when they were escorted by prison staff or police. In the inmates' case against the State represented by the Ministry of Justice and Public Security with claims for compensation and for a declaratory judgment that the body searches violated their rights under Article 3 of the ECHR, the Supreme Court, which heard the case as a grand chamber, ruled that body searches involving deep knee-bends are particularly intrusive. Reference was made to the case law of the European Court of Human Rights (ECtHR), according to which such searches must be duly based on convincing security needs, and that rigid and undifferentiated procedures for particularly intrusive body searches are not compatible with Article 3 of the ECHR. It was further noted that the routines in Bergen prison during the relevant period were rigid and undifferentiated, based on general risk considerations rather than convincing security needs. This amounted to degrading treatment contrary to Article 3 of the ECHR. Since the grand chamber hearing was limited to the question of whether the ECHR was violated, it was ruled that further proceedings in the Supreme Court should be based on the finding that Article 3 of the ECHR, and thus also Article 93 subsection 2 of the Constitution, had been violated.

Read the whole judgment (PDF)

Area of law: Human rights. Article 3 of the ECHR.

Key paragraphs: 110-116, 118-125

Justices: Øie, Indreberg, Normann, Bull, Bergsjø, Ringnes, Arntzen, Bergh, Thyness, Sæther, Hellerslia